domestic violence - FLAC (Free Legal Advice Centres)

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Relatives who live together (including adoptees). The Health Service Executive. If the relationship is not based on marriage the court considers the following factors: The length of time the people involved have lived together. The type of duties carried out by either person for the other or for their family. If any payment or other consideration was made by one person to the other for living expenses. Other matters the court considers appropriate in a particular situation. Grounds for a Safety Order Safety orders will be granted where the court considers there are reasonable grounds for believing that a person’s safety or welfare (or that of a dependant) is at risk. 4
What can a Safety Order tell the respondent to stop doing? The court can order the respondent: a not to use, or threaten to use, <strong>violence</strong> on or put in fear or molest the applicant or any dependant. b to stay away from the residence of the applicant, if the parties do not live at the same address. The order does not require the respondent to leave the home if the parties reside at the same address. Note: A safety order can be varied, meaning the court can change the length of time for which the order lasts or its terms. The court will hear applications from either side and, depending on the evidence before it, will make whatever order it sees fit. Duration of a Safety Order An order made by a District Court can last up to five years. Before this order expires, an application can be made to have it extended for a further five years or for a shorter period as the court sees fit. Safety Orders obtained to protect a dependant cease when that person comes of age. The Circuit Court can grant a Safety Order of unlimited duration. 5
Page 1 and 2: domestic violence march 2009
Page 3: Safety Order This order prevents th
Page 7 and 8: Once a Barring Order is granted, th
Page 9 and 10: Applicants can represent themselves
Page 11 and 12: notes

domestic violence - FLAC (Free Legal Advice Centres)

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